Notice of potential dismissal at end of apprenticeship

It’s potentially fair to dismiss an apprentice at the end of their apprenticeship, but you need to go about it properly if you want to ensure a fair dismissal. You can start the process using our letter.

Apprentice dismissal

If you can’t offer your apprentice a permanent role (or even a temporary role) at the end of their apprenticeship, you’ll need to dismiss them. If they’ve been employed for less than two continuous years, they won’t have the right to claim ordinary unfair dismissal, so dismissal is easier as there are no procedural requirements that you must comply with. However, in many cases they will have been employed for two years or more. The expiry of a fixed-term contract, including under an apprenticeship agreement, is still a dismissal in law, and so an apprentice enjoys the same right not to be unfairly dismissed as your other employees. This means that you need a potentially fair reason for dismissal, you must act reasonably in treating that reason as a sufficient one for dismissing the apprentice and you must otherwise follow a fair dismissal procedure.

Some other substantial reason

Under the Employment Rights Act 1996, the potentially fair reason for dismissal in this scenario will normally be “some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held” (SOSR). This is because an apprenticeship is a one-off agreement which doesn’t need to be renewed once it’s been successfully completed.

Fair procedure

As with other types of dismissal, you also need to follow a fair dismissal procedure. You can start the process off by using our Notice of Potential Dismissal at End of Apprenticeship letter. The purpose of it is to arrange a consultation meeting with the apprentice to discuss your proposal to terminate their employment. Do enclose any supporting documentary evidence that you intend to rely on and allow the employee the opportunity to be accompanied by a work colleague or trade union official or representative. Even though there isn’t a statutory right to be accompanied at this particular type of potential dismissal meeting, it will help you demonstrate that you’re being fair.

Alternative employment

A fair procedure will also involve your searching for alternative employment within your business for the apprentice. This also means considering them for any vacant roles other than that for which they trained under the terms of their apprenticeship. Therefore, consider them for all vacant roles, and then let them decide for themselves whether these are jobs that they would wish to undertake rather than become unemployed. However, you don’t generally have to consider them for roles that they’re not qualified for, unless they would be suitable for the position with some minimal training. Do also consider roles at other locations if you have more than one business premises and explore alternative employment options with the apprentice before issuing our letter.